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2026 DAILYLAW 50034 (MAD)

K Venkatesan v. The State Rep.by, The Sub Inspector of Police

CRL OP/17311/2026 · 2026-07-07

C Kumarappan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 17311 of 2026 __________ Page1 of 7 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 07-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 17311 of 2026 1. K Venkatesan S/o. Annamalai, Pillaiyar Kovil Street, Kammanadhal, Aathuvambadi, Thurinjikuppam, Thiruvannamalai District 2. Selvi W/o. Venkatesan, No.388, Pillaiyar Kovil Street, Kammanadhal, Aathuvambadi, Thurinjikuppam, Thiruvannamalai District 3. Mani S/o. Madhavan, No.390, Pillaiyar Kovil Street, Kammanadhal, Aathuvambadi, Thurinjikuppam, Thiruvannamalai District 4. Selvam S/o. Subramani, No.34-1, Bajanai Kovil Street, Vilankuppam Village, Kelur, Thiruvannamalai District https://www.mhc.tn.gov.in/judis CRL OP No. 17311 of 2026 __________ Page2 of 7 5. Settu S/o. Subramani, No.24, Kamatchipuram, Thiruverkadu, Ayappakkam, Thiruvallur. 6. Raja @ Vijayakanth S/o. Venkatesan, Pillaiyar Kovil Street, Kammanadhal, Aathuvambadi, Thurinjikuppam, Thiruvannamalai District 7. Chinnakuzhandhai W/o,Subramani, No.34-1, Bajanai Kovil Street, Vilankuppam Village, Kelur, Thiruvannamalai. ..Petitioner(s) Vs The State Rep.by, The Sub Inspector of Police Santhavasal Police Station, Thiruvannamalai District. Cr.No.78 of 2026. ..Respondent(s) PRAYER: This Criminal Original Petition is filed under Section 482 of BNSS praying to grant an Anticipatory bail to the petitioner in event of their arrest in Cr.No.78/2026 pending on the file of the Respondent Police. For Petitioner(s): M/S. J Poonguzhale For Respondent(s): MR.N.PALANIVEL, GOVT.ADVOCATE (CRL.SIDE) https://www.mhc.tn.gov.in/judis CRL OP No. 17311 of 2026 __________ Page3 of 7 ORDER The petitioners apprehend arrest for the alleged offences under Sections 329(4), 191(2), 191(3), 296(b), 115(2), 118(1), 351(3) and Section 4 of TNPHW Act in Crime No.78 of 2026 on the file of the respondent police seeks anticipatory bail. 2. The case of the prosecution is that on 02.05.2026 at about 7.30 am the petitioners unlawfully assembled with deadly weapons and trespassed into the defacto complainant’s house and abused the defacto complainant in filthy language and assaulted her and her son with iron rod and wooden stick and caused injuries on them and further they threatened the defacto complainant with dire consequences. Hence the complaint. 3. The learned counsel for the petitioners submitted that the petitioners are innocent. Due to land dispute, a false case has been foisted against the petitioners and that they have not committed any offence as alleged by the prosecution. He further submitted that the petitioners are ready to abide any stringent conditions that may be imposed by this Court. 4. Per contra, the learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and, upon instructions, https://www.mhc.tn.gov.in/judis CRL OP No. 17311 of 2026 __________ Page4 of 7 submitted that the petitioners and defacto complainant are related to each other and there was a long standing land dispute between the parties and in this connection, wordy quarrel broken out which escalated into assault. He further submitted that the injured discharged within a period of one week from 07.05.2026. However, he opposed to grant anticipatory bail to the petitioners. 5. I have given my anxious consideration to either side submissions. 6. Considering the nature of the allegations and totality of circumstances and the fact that the injured discharged from the hospital, this Court is of the firm view that, custodial interrogation of the petitioners are not required. Hence, this Court is inclined to enlarge the petitioners on anticipatory bail, subject to certain conditions. 7. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned Principal District and Sessions Judge, Thiruvannamalai on condition that each of the petitioners shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties each, for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions: https://www.mhc.tn.gov.in/judis CRL OP No. 17311 of 2026 __________ Page5 of 7 (a) If the petitioners fail to surrender before the concerned learned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled; (b) The sureties shall affix their photographs and left thumb impression in the application for surety slip (Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019]'. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity; (c) The petitioners 1, 3, 4 to 6 shall report before the respondent police daily at 10.30 am for a period of two weeks and thereafter as and when required; the petitioners 2 and 7 shall report before the respondent police as and when required. (d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioners in accordance with law as if the conditions have been imposed and the petitioners are released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560]; https://www.mhc.tn.gov.in/judis CRL OP No. 17311 of 2026 __________ Page6 of 7 (e) If the petitioners thereafter abscond, a fresh FIR can be registered under Section 269 of BNS Act. 07-07-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No MFA To 1. The Principal District and Sessions Judge, Thiruvannamalai. 2.The Sub Inspector of Police Santhavasal Police Station, Thiruvannamalai District. 3. The Public Prosecutor, High Court, Chennai. https://www.mhc.tn.gov.in/judis CRL OP No. 17311 of 2026 __________ Page7 of 7 C.KUMARAPPAN, J. MFA CRL OP No. 17311 of 2026 07-07-2026 https://www.mhc.tn.gov.in/judis